bill: you carry me for the next month. martha: you don't need to be carried. fresh as a daisy, bill hemmer. great in the new studio. loving it here. loving it. should we send it off to the next show? bill: with pleasure. see you tomorrow everybody. martha: "happening now" starts right now. jon: we begin "happening now" with this fox news alert. just when you thought obamacare was the law of the land the supreme court has opened the door for a legal challenge. the liberty university, the religious institution founded by the late reverend dr. jerry fallwell has filed suit against obamacare and the supreme court says that suit has enough merit to be reheard by the fourth circuit court of appeals. essentially the liberty university folks are saying under religious freedom they should not have to live up to all the requirements under obamacare. the supreme court says that argument has merit.

they kicked it down to the 4th circuit. depending what they decide, the supreme court could decide the same thing all over again based on rights of religious freedom. we'll continue to keep an eye on this. but a surprise and perhaps a momentous decision this morning from the u.s. supreme court. jenna: we'll con continue to watch that story a fox news alert. we're awaiting the outcome of a very pivotal meeting that could potentially ease the crisis in egypt or push that country into further chaos. that is one of our big stories. we're glad you're with us. i'm jenna lee. jon:. i'm jon scott. the first elected leader, president mohammed morsi expected to come face-to-face with senior judges in egypt who say his power grab has gone too far. there are indications that the both side are trying to find some middle ground. morsi's maneuver unleased a rage of protests that continues to rage across the

country. meanwhile the u.s. embassy in cairo says there are sporadic clashes between protesters and police near its entrance. we're told some rocks landed inside the walls of that huge compound. embassy officials say there is no indication they are the target. egypt wields enormous influence in the middle east peac process. that power demonstrated by brokering the cease-fire between is rainfall and hamas. steve care began streaming live too cairo with the latest developments right now. steve? >> reporter: jon, this is a key meeting between egypt's president and the chief justices in cairo. already there are hints from the president's side that compromise may be in the offing. perhaps a scaling down of that presidential decree which basically puts the president above the law and above the courts. the judges have been one of the bitterest opponents of the movement by the president. many judges across the country actually going out on strike. we may see a compromise in the meeting.

appears the president underestimated the reaction to his decree. four for days in egypt we've seen protests street demonstrations and sometimes violence. in cairo at least 400 people injured in the past days of protest, one person killed and 13 offices of muslim brotherhood, 13 offices of the party that support the president have been ransacked and set on fire. if there is no compromise today there could be more trouble tomorrow. both sides, those who support the president, and those who think he is trying to become a dictator are planning major street demonstrations. they are calling out a million people on their side. it could be a real test for power and chance for street violence unless we see a compromise from the meeting today. jon, back to you. jon: steve hair pan live in -- harrigan live in key roy. thanks, steve. jenna: more on that in the next several hours. here at home new developments in the fiscal cliffhanger and tax hikes. well, now the white house releasing a new report

building its case for a middle class tax cut. this comes as a national poll finds that 2/3 of americans surveyed believe politicians will act like spoiled children during fiscal cliff negotiations. while only 28% believe lawmakers can be counted on to behave like responsible adults. chief white house correspondent ed henry has the joy of living and reporting amongst the children. i'm not sure what that makes you but you are a chief white house correspondent so what is the latest? >> reporter: there is a still a little kid in all of us, jenna. the bottom line the negotiations are obviously reefing a critical stage. white house is trading to take advantage of cyber monday, retail holiday today to put out the report you mentioned to suggest retailers will take a particular hit if they face these automatic tax increases and spending cuts that will be kicking in at the end of the year if there is no action by the white house and lawmakers on capitol hill working together. bottom line here,

republicans like jeff sessions, the budget chairman in the senate, say they're willing to negotiate on all these tax rates, tax changes, et cetera, but they want to make sure there are spending cuts to go with them. take a listen. >> our democratic colleagues all they want to talk about more taxes, more taxes more revenue. they're not telling us where the money is going. they're not assuring us that the money will be used to pay down the debt. >> reporter: so we really are where we've been for some time in these negotiations. we are getting word from capitol hill that lawmakers, leaders in both parties may be here again at the white house later this week. they haven't nailed down a specific time yet. you saw them in recent days meet with the president. they're likely to do that later this week to start hammering out some details, jenna. jenna: spending cuts, taxes are key issues. what about entitlements, ed? what do democrats say about putting entitlements on the table eventually? >> reporter: that is one of the keys. there is pressure on republicans to put taxes on

the table but there is pressure from democrats to put entitlement reform, serious reform on the table. republican lindsey graham is willing to put taxes on the table but wants to make sure democrats follow up with entitlements. >> let me salute lindsay graham what he said about revenue and taxes need to be said on his side of the aisle. we need to be honest on our side of the aisle. as we did under bowles-simpson put everything on the table. >> reporter: senator durbin, a top democrat in the senate says put everything on the table. though owe went on he is concerned about changes in medicare that might set off gaps in coverage, senior citizens not getting health care coverage. there you go. they're saying to put everything on the table but when you get in the details that's why they haven't come to a deal because the devil will be in the details, jenna. jenna: maybe they start with a salute and end with a handshake. ed, great to see you report great to see you.

jenna: thank you very much. jon: several republican lawmakers are toning down their criticism of u.n. ambassador susan rice and her handling of the deadly attack on the consulate in libya. ambassador rice was under fire for appearances on the television immediately after the attack where she blamed it on the youtube video. many vocal critics, like senator john mccain are turning up the heat on president obama and the state department. >> the problem is the president of the united states in a debate with mitt romney said that he had said it was a terrorist attack. he hadn't. jon: chief intelligence correspondent catherine herridge is live in washington. she has more on all of this. so this shift in focus to the state department, what are we learning about that, catherine? report thank you, jon, and good morning. we may learn early as this week when secretary of state hillary clinton will testify on capitol hill about the warnings and intelligence leading up to the 9/11 attack on the consulate. on sunday talk shows leading republicans pointed to what

they believe is the culpability of clinton's state department. >> why weren't the warnings about the need for security heeded? why weren't the requests for help during the terrorist attack answered? and why did the administration think it had to cover up all of the things that occurred before by putting out to the american people a narrative that i think will turn out to be absolutely false? >> reporter: republicans have left the door open for ambassador rice to explain her controversial comments on those sunday talk shows leading democrats are coming to her defense saying she relied on the best available information provided by the u.s. intelligence community. >> if this were an nfl football game the critic it is of ambassador rise would be penalized for piling on. for goodness sakes she got the report from the intelligence committee. she duty at this any reported to the public, exactly what we expect her to do. >> reporter: fox news learned that the house

foreign affairs committee is seeking a cable warning the consulate could not sustain a coordinated attack and that the staff considered suspending operations in benghazi. mission personnel could go locate to the annex cia outpost if the environment degraded suddenly. there were agreement to formal weekly meetings to the discuss the security environment. in the longer term wee, believe the formal colocation with the annex will greatly improve the situation. state department pending their own internal investigation which we now expect to be completed by the middle of december, jon. jon: lots of questions left to answer. catherine herridge thank you. >> reporter: you're welcome. jenna: the latest on the plans for u.s. troop withdrawal from ban began in 2014. the white house and the pentagon must gauge the best strategy moving for as the afghans position to provide the bulk of security. one plan will rely on special forces to keep up

the pressure on terrorists that is only one plan. jennifer griffin live at the pentagon with more details. jennifer? >> reporter: hi, jenna. it is not surprising now that the election is over we're starting to hear plans floated through the press what the u.s. military commitment wit look like post-2014 in afghanistan. u.s. dip low mats are negotiating a withdrawal of forces agreement with afghanistan. general john allen was preparing for his confirmation hearing for his next job when he got pulled into the e-mail scandal that brought down david petraeus. at that time he was expected to begin formulating a post-2014 plan before leaving afghanistan and becoming supreme allied commander in europe. he is now back in afghanistan and reports are he would like to keep about 60,000 troops in afghanistan through the fighting season of next year. defense secretary leon panetta however has not made any recommendations yet for 2013 levels or post-2014

levels. post-2014 needs to be done with afghan permission we're told. panetta will have a teleconference with general allen tomorrow and they will talk about troop levels in afghanistan. he is not aware of any formal set of recommendations from general allen as of yet we're told from his aides. "the new york times" is floating the idea of 10,000 troops post-2014 with a thousand special operators keeping a lid on things. this is how defense secretary leon panetta explained his vision for the next year. >> as a result we are on track for two key milestones. one is that the afghans will be in the lead throughout the country for security in mid 2013. and afghans will ultimately take full responsibility for security by the end of 2014. >> reporter: the biggest problem facing the afghans is that they effectively have no air force despite

multimillion-dollar contracts and investments paid for by the u.s. to begin building one. this is where there has been the slowest progress given the afghan illiteracy rates. the u.s. will likely have to provide air support for the afghan military for some time given how mountainous the country is. the real key will be negotiations for status of forces agreement with the hamid karzai government and whether the president will agree with two more years of war in afghanistan. back to you, jenna. jenna: a big topic of discussion. we'll have a segment with a panel of experts later on in the program. thanks so much. jon: and then this. a witness said it looked like a missile strike. a business leveled in a horrific explosion. we told you about it the other day. more than 40 other buildings badly damaged and residents very shaken. now we know the cause of this disaster. we'll get into that ahead. also, are you one of the millions of americans shopping online this cyber

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jon: right now pressure mounting on the obama administration over its response to the deadly attack on our consulate in benghazi. as catherine herridge reported just minutes ago. several top gop lawmakers are backing off their criticism of u.n. ambassador susan rice. instead focusing on the white house. two senators even expressing concerns about a possible white house cover-up. let's talk about it with tom ricks, he is author of, the generals. he has spent decades covering your military. he joins us now. senator john mccain said in the past he would block any attempt to nominate susan

rice to become, u.n., i'm sorry, secretary of state. she is currently the u.n. ambassador. he seems to be backing away from that. what do you make of that? >> i think benghazi was generally behind by this network especially. now that the campaign is over i think he is walking backing off a little bit. they will not stop susan rice from being secretary of state. jon: when you have four people dead in 30 years, how do you call that hype. >> how many security contractors died in iraq? do you know? jon: i don't. >> nobody does because nobody cared. we know several hundred died but there was never official count of security contractors in iraq. when i say this focus was essentially a small firefight i think number one, i covered a lot of firefight is. it is impossible to figure out what happens in them sometimes. i think the emphasis on benghazi has been extremely political partly because fox is operating as the wing of

republican party. jon: tom ricks, thanks for joining us today. >> you're welcome. >> lots you may be on the computer to find that perfect deal. but do you wonder who could be looking over your shoulder. what about the government? new concerns about your privacy online. we'll talk about that today. growing protests as the backlash against egypt's president and his power grab appears to be escalating. what this could mean for the stability. region just ahead.

jon: right now we are learning more about that massive natural gas explosion that leveled part of downtown springfield, massachusetts. patti ann browne live in the new york newsroom with details. >> reporter: jon, 21 people were injured and more than 40 buildings were damaged by of the natural fast explosion in the springfield

area friday night. the gas company blamed human error. the springfield fire marshal is clarifying that. he said the gas worker who accidentally punctured line was not really at fault. the employee was investigating reports of a gas leak and entered his metal probe into the sidewalk in the spot that indicated markings that appear to be outdated. >> his examination appears to be appropriate distance from where old markings were on the sidewalk indicating where the gas line from the main went into the building. however, the markings were incorrect. >> reporter: a flood of gas then built up in a building that houses a strip club and a spark touched off the blast. at a press conference he said the employee and others also did the right thing by evacuating part of the area about an hour before the massive explosion preventing any debts. most of the injured were gas workers, firefighters and police officers. the blast also damaged 42 buildings housing 115

residential units. three buildings were condemned. 24 others are still looked at by engineers. and the building that housed the scores gentleman's club was destroyed, jon. jon: amazing it wasn't worse. >> reporter: absolutely. jon: patti ann, thanks. jenna: as many of us you are shopping on cyber monday. jon is eyeing what i'm doing during the commercial break. aren't you, jon? some groups are concerned about privacy online. aclu says outdated federal laws gives access to everything we put online to pictures, facebook posts and even what we're buying. that raises questions as the lawmakers attempt to update the laws how much power should the government have in cyberspace? joining us to talk more about this, morgan wright, a cybersecurity analyst and joey jackson, former prosecutor and criminal defense attorney. thanks for taking time out both of you from shopping online to join us today. >> we'll get back to that later. >> only take as quick few minutes. you can get right back to it,

joey. if you wanted to search my private residence, in most cases you need a warrant too do that. to search my private happening on goings-on interwhat do you need as a lawyer today? >> fourth amendment is unreasonable searches and seizures. bedrock of the constitution and very important. the problem is, jenna, we have electronic communications privacy act but it is 1986. that is when it was ultimately passed and signed by president reagan. at that time of course you had mark zuckerberg, founder of facebook he was in diapers. you didn't have twitter, you didn't have facebook. you didn't have the worldwide web. there is a real need to update it. the issue under that law, if you had e-mails, if you have e-mails and they're over six months old they're considered abandoned. as a result of that if the government wants to access them they just have to show that there is material need. it is part of an ongoing investigation. they get them. no worries. if they're younger --. jenna: joey would i know if

you were going from my e-mails six months ago? >> well, if they're prior to six months then of course you need a warrant and you follow the requisite procedures. you would enlist the court's support. if they're older than that they're deemed to be banned doned and not subject to the same protections jenna. jenna: morgan, you're the cybersecurity analyst we call on when we talk about terror threats online. there is big argument for more government regulation and is access to cyberspace to make sure we can act quick enough to catch up to people who really want to do us harm. what is the right balance? >> you know, as somebody who applied for these warrants before and been involved in electronic intercepts you have to balance the need for speed with the need for observing the appropriate privacy. i think in this bill if they strike the right time frame which a lot of this says, you have 48 hours. if you've got danger to somebody's life, matter of national security or you have characterics of what would be called organized crime you can go ahead, get the information but you have to follow up in 48 hours

with a warrant. 48 hours may be a too small of a time frame. could be expanded to 72 or 96. in this day and age it is one of tradeoffs you have to make. if you want the information here are the hoops you have to jump through to get it. the alternative is looking it down you have to start go to warrant. that would impede for law enforcement to conduct critical investigations at snap of a finger. jenna: morgan you worked as a detective. you worked as law enforcement. according to the bill congress is taking up there are still hypotheticals. they're working through details. initial report says certain regulatory agencies national labor relations board, federal maritime commission, would have warrantless access to e-mails. why would they need warrantless access to e-mails of american citizens? >> well, you know, there are regulatory agencies like sec doing investigation, national labor relations board. as somebody who came from law enforcement, the justice intelligence field i would have a problem giving

unfettered access to too many government agencies. you want oversight with what law enforcement has now, need to show probable cause. the need to jump through the right kind of hoops to get to what they need. what you don't want is proliferation of expansion into people's privacy we end up causing more issues. the end result being law enforcement ends up with less than what they need, not more than what they should be entitled to. jenna: joe way on the legal side will we get the stage, text message a judge in the middle of the night, ask for warrant to search someone's e-mail and this person is notified by text message as well, do you ever see scenario like that happening? >> i think the answer is yes. right now we wake judges up. we call them. jenna: how old-fashioned to call. >> they're not happy about it. but the point as you mentioned, jenna, as morgan states it is about finding the appropriate balance and i don't particularly think applying for a warrant impedes any way, shape or form our law enforcement's ability to get the

information they need. it is judicial oversight. insures what they're doing is appropriate and correct. of course it gives confidence to our citizens that big brother is not unduly watching and looking at what we're doing on regular basis. jenna: this law from 1986 looking to be updated in the next congress, something we're paying close to on this cyber monday. back to shopping gentleman. >> i can't wait. >> on it now. jon: a little creepy that the government may be watching my computer right now. jenna: they should be. hopefully not. jon: i'm just shopping for you. jon: as the fiscal cliff looms some republicans say they will break their longstanding pledge not to raise taxes. a fair and balanced debate on that minutes ahead. a mall brawl breaks out on black friday, one of the busiest shopping days of the year. you won't believe what started this one. [ male announcer ] if you're eligible for medicare,

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>> reporter: and it is the largest of the fulfillment centers they have nationwide. 80 across the world. crew getting back to work here. they have been on the job you can imagine, 24/7. 50,000 seasonal employees worldwide, 20,000 full-time. it is a huge operation. they will sell roughly 204 better items a second. that is just amazon.com. online sales just today will total anywhere from 1.5 to $2 billion. it is going to be a $586 billion holiday sales season according to the national retail federation. but when you talk about cyber sales, amazon.com, which leads the pack, really gives you and indication about how our buying habits are shifting or have shifted online. year-over-year, fourth quarter amazon is predicting that their revenue will be anywhere from 20 to $23 billion. that is a 16 to 30% increase depending just how much we actually spend at amazon. that is almost 30%increase

over the fourth quarter of last year. so you can see the men and women are working here getting back from their break. this is where the stowers take all the items people buy, they take them as they come in from trucks put them in bins, send them over to the other side of the facility where the pickers take items by computer controlled command. put them in another bin. they're sent by conveyor belt to automated packaging system, puts it in a box, sends it to you. the online deals, as i had wrap up, jon, we showed you earlier on fox business, 55 tell television inch screen, on sale for a thousand bucks. just a what you get for shopping on-line today. largest facility in the united states for amazon. think of "raiders of the lost ark", when they put the arc into the warehouse i feel like i'm there. i may get lost in the shuffle there. jon: we have our top people

on it, our top people. >> reporter: you got it. >> they started out with books and they sell you just about anything. >> reporter: when you read articles about jeff bezos, "fortune" magazine, he is is business "person of the year". he is quoted saying yes he started out that way but he likes to be counted on and he likes his customers to count on him. it is a philosophy you see at this company that plays down to everything they do. these men and women that you see taking every item out, they're actually scanning each item into the computer system. so everything is tracked. millions of upon millions, upon millions of items. so if you spend five bucks on a dvd, it gets the same consideration as that $1,000 television i was telling you about. every consumer item tracked to your doorstep. jon: never know it when you click on the little box what is going on behind the scenes. adam shapiro thank you. jenna: a great live shot there, right? one of the reasons that you might want to shop online is avoiding something like this,

a mall brawl caught on somebody's iphone. it happened shortly after midnight on black friday near sacramento, california. according to local reports, that we can not confirm at this time, jon scott, this started over women's lingerie. jon: oh, no. jenna: this started in a victoria secret's shop before spilling out into the mall and that is when fists started to fly. >> two guys were fun muching each other. they ran over the barriers and one guy was getting his face stopped in. 2 was pretty crazy. jenna: three men were involved in the fight. they cleared out before police showed up. there you go. jon: i heard it described earlier as a fight over underwear. lingerie makes more sense. jenna: a little more classy? jon: i guess. jenna: either way a little silly, right? jon: very. somebody is nursing a bloody nose this morning. right now the clock is ticking as we approach the fiscal cliff, automatic

combo of tax likes and spending cuts which most experts say would plunge the country into another recession. tax hikes on wealthy americans a big sticking point because the taxpayer protection pledge promoted by grover norquist. he is lobbyist and conservative activists convinced all republican lawmakers to oppose all tax hikes. now 10 gop lawmakers would be willing to break that pledge. senator sachs by chambliss was the first to announce followed by other prominent republicans including senator lindsey graham and john mccain. then the chairman of house homeland security committee, peter king. >> the only pledge we should make is avoid becoming greece. republicans should put revenue on the table. >> i think everything should be on the table. i myself am opposed to tax increases. the fact the speaker and majority leader and president will be in another room trying to find the best

package. i will not prejudge it. jon: joining us now for a fair and balanced debate the doug thorn former communication is chairman for the democratic national committee and congressman chris van hollen. ron bonjean for. former aide to house speaker dennis hastert. has grover norquist lost his will? >> speaker boehner said revenues would be on the table as well as spending cuts and entitlement reform but we would not raise tax rates. i have seen nothing different than what these senators have said in the last day or so than what speaker boehner has said. the key here is the devil is in the details. once we see some sort of fine print in the next couple weeks, we'll know, you know, we'll know whether our legislators stand. one interesting thing here. i just want to add, we keep talking about tax reform but we have not really had a big conversation in the media about entitlement reform.

medicare is exploding. billions of dollars, and we have millions of people are counting on it, will be retiring. baby boomers are retiring will go larger and larger. yet we have not talked about that yet. while we're talking about grover norquist versus these members i think the devil will be in the details. we'll have to talk about a broader conversation between tax revenue and entitlement reform. jon: so, doug, if republicans are open to revenue increases whether that means tax rates or something else we'll get into just a bit, but if they are open to that, what are dome kratz willing to give? >> well i think if you remember the first budget control act had trillion dollars in spending cuts that the president signed off on. clearly on spending the democrats are open there. there are certainly reforms in medicare, increased efficiencies to medicare that democrats would be willing to take a look at. in fact we did it in the affordable care act. i think if you look right

now, if you look at where things are right now the prospects for a deal are so much better than they were a year and a half ago. congress year-and-a-half ago looked like the underwear riot in terms what was going on. there was no real room for both sides to come together. i think you're seeing the tone on both sides improve drastically. i think for house republicans there is a little space for them to come to the table and bend a little bit on taxes and i think democrats have demonstrated in the past they're willing to put, you know, pretty much everything on the table but clearly the bottom line is it needs to be a balanced deal. that is what the american people are looking for. polls support that. and that's revenue and that's, and that's cuts. and i think we're heading in that direction. jon: i saw the movie, "lincoln" over the weekend ma makes our current congress well-based. let me play something from liz cheney, the daughter of our former vice president very quickly and get your reaction. >> the fundamental difference of view where

revenues come from. what republicans i hope will stand firm on is the truth that revenues come from increased economic growth. we need pro-growth economic policies in order to create jobs and generate revenues. jon: ron, can republicans get more revenue without raising tax rates as you suggest? >> yes, absolutely they sure can and that is through looking at, strongly looking at deductions and other issues in the tax code but not raising rates. if you raise rates that will impact jobs, that will impact the economy in a devastating way. that's why i don't think you see any republicans moving on that. jon: doug, what do you think about that? >> well the rates we're talking about raising they would go back to where they were under president clinton and during the '90s i think most people would agree we had a pretty strong economy. certainly stronger on that the one george bush and liz cheney's dad brought us. look at the end of the day, you know this is going, it will have to be balanced and to get to $4.4 trillion, that is the kind of target number that the president

has put out there you can't just do it on spending cuts. i'm not sure if you can do it just on capping deductions. that is what these guys are paid big bucks for to figure out. sit at table, do the arithmetic, get a final deal. jon: we had 9/11 during the bush administration and that had huge impact on economy and wars after it. doug and ron, thank you both. we started a question about the discussion of grover norquist. he will be neil cavuto's guest on "your world" at four become eastern time. here what he has to say. jenna: we're watching this over last several days in egypt. protesters outraged by the new president's power grab. we'll spak to an egyptian facing a an uncertain future and look further at what our response should be.

jenna: right now we're watching a big story out of egypt today. we're awaiting the outcome

of a crucial meeting between egypt's president and senior judges who say his power grab has simply gone too far. those judges are not the only ones looking to keep egypt's new leader in check. you can see protests raging in the street from a multitude of different sources. joining us on the phone from egypt a christian businessman, born and raised in this country. to protect his identity we'll call him ash. we'll look to perspective from the ground in cairo. from your perspective what is the happening in your country? >> what is happening in our country, i will make it short. let me answer the question, let me first tell you who are we. which are 80 million muslims and christians. we suffered under the mubarak regime. we woke up a group of more than 1,000 times worse than mubarak. right now our borders are invaded. -- [inaudible]

terrorists hamas are going in and out. economiwise, we used to be a very poor country. now we are very poor. all the investments are running out because simply the president and his consultants who are also muslim brotherhood members they have zero experience concerning the economy,, ternnal affair and politics. talk about freedom, newspapers, private tv channels are shut down. [inaudible] and. jenna: so let me stop you there. you said we traded one dictator, meaning mubarak for 1,000 others. you're saying this group of muslim brotherhood members in the government. >> exactly. not only one person ruining it. it is a group of people. he is the big mouth. jenna: at least in our country there is a lot of debate hot muslim brotherhood is. how much we should trust them. what is next for the country and our relationship with your country. what do you think the american people really need to know about who is leading egypt and who we're dealing with in your opinion? >> okay. our message to the american

people and the american media and president also, we are not terrorists. we're not those who attacked your embassy in cairo. we hate it so much. thanks for helping us removing mubarak, but please, don't stop on this step. try to remove muslim brotherhood out of the way. they're not -- [inaudible] you're making new iran out of egypt now. listen to the police departments in dubai. we trust them. our greatest aim now is that the army will listen to us and our -- take over for a period of time of. make a new contribution and let the new president, these guys do us a favor. transfer your negotiations from muslim brotherhood in egypt to others. we have mussa. mr. baradei. these people are trustworthy. negotiate with them. stop supporting muslim brotherhood. you're killing us. we're dying here. jenna: ash, we appreciate your perspective. >> do i have five seconds?

jenna: please, ash, go ahead. >> tomorrow on the tv screens you will see two scenes. first one from tahrir square. these are 95% of the people of egypt but only few have the guts to go down because we received warnings that muslim brotherhood might use violence in tahrir. second scene from industry. people are not paid, free transportation. showing in front of the cameras supporting the president. if you ask them they don't know why they are supporting them. i'm done. thank you very much. jenna: ash, we appreciate it very much. we're looking live picture from cairo tahrir square where so many protests are happening. according to ash, moderate muslims, christians will take to the scare under threat of protest happening with the muslim brotherhood government. a lot what is said about the future of egypt, future of ruling in egypt, what about you're relationship as well. it is a big story for the middle east especially for our national security as we continue to watch the dynamic in the region.

we thank ash so much. we'll stay close to him on the ground in cairo. we'll be back with more i know you got to go in a minute but this is a real quick me, that's perfect for two! campbell's chunky beef with country vegetables, poured over rice! [ male announcer ] campbell's chunky soup. it fills you up right. or annuity over 10 or even 20 years? call imperial structured settlements. the experts at imperial can convert your long-term payout into a lump sum of cash today.

jenna: let's continue our conversation on what's happening in egypt now with michael singh, former senior director of middle eastern affairs at national security council. and managing director of near east policy at the washington institute. as we take live shots of tahrir square, we heard someone on the ground a businessman, a christian, says i work with moderate muslims, i work with other egyptians, what we're saying which don't like the muslim brotherhood and we're worried. what do you make of that perspective from cairo today? >> well what is interesting here, jenna, that mohammed morsi, the president of egypt is trying to sweep away really last check on his power and he is asking egyptians to trust him, to trust him to sort of guide

egypt through this transition and what these people on the streets and man you were just speaking to are saying they don't trust him. they don't trust the muslim brother hood to make egypt into democracy as opposed to the islamist state. that is what is this it is about on the streets of cairo. jenna: do you think that is what the muslim brotherhood is trying to do? >> if you look at draft constitution put forward by the constitutional assembly dominated by islamists a lot of liberals are saying this in fact is trying to enshrine a religious state in egypt because it concentrates all the power of the hands of the president who is mohammed morsi and you have to trust them to give it up and seems to curtail human rights and give religion a special place in the state. jenna: those are not good things? >> not good things at all. what we're seeing on the streets perhaps this liberal secular coalition facing a test. can they come together to oppose these really undemocratic moves by mohammed morsi and can they

get morsi to sort of back off and rescind at least partly his decrease? jenna: we last week were talking about whether or not egypt would have a role, maybe a cease-fire between hamas and israel. we did see that come to fry tuition. this week we're talking about something completely different, michael. what should the role of the united states be? and what have you heard about reports potentially of military coup, the military in egypt we supported so much over the years rising up against morsi? >> well, jenna, this is sort of back to the future because remember hosni mubarak wanted a deal with the united states got one for a long time, look he will be responsible player in the region but you ignore what he does inside of egypt. this is coming right on the heels of gaza. the last move morsi made was on the heels of a big terrorist attack in the sinai. he is hoping for a free pass from the united states and international community. ignore what i'm doing at home and concentrate on my role in the region. i think it is important we not do that.

as for the military, jenna, you remember the supreme council of armed forces. nobody talks about them because morsi usurped the role they had in all. i'm not sure the military is in a place to come up and challenge this. jenna: you wonder what is next for the country. that is big question over the next several years and one we'll continue to talk about. michael, great to have you back today. >> thanks, jenna, we'll also talk about china and how it is flexing its military muscle. after doubling its defense budget the country lands a homegrown fighter jet on its new aircraft carrier. this raises a lot of new concerns. we'll go in depth on that. plus the controversy over benghazi is not stopping some in the mainstream media from heaping praise on secretary of state hillary clinton. a fair and balanced debate on that next

jenna: if five short weeks today until new year's eve than the

fiscal cliff. are they any closer to a del. jon: the obama healthcare law facing a legal challenge. what the supreme court did this morning, what it could mean to the legislation. leland vittert uncovers iran's shipment of weapons and supplies to the syrian regime and which country is allowing the shipments to pass through its air space. halle berry goes to court after a vicious fight between her e boyfriend and fiance at her house. all the latest from hollywood coming up. jenna: a new warning from the white house as congress seeks a deal to keep the economy from heading over that fiscal cliff we've been talking so much about. welcome to the second hour of "happening now" i'm jenna lee. stpho: i'm jon scott. once again the competent edges closer to the cliff. last time lawmakers punted the can down the road. now there might be enough political pressure on both sides to reach some kind of compromise.

house majority leader eric cantor telling fox news earlier that everyone wants a deal otherwise come january 1st taxes go up for everybody. >> we don't think that raising tax rates is something that is good for this economy, that will help grow jobs. and so when we have said is there are ways for the federal government to have more revenue if we grow this economy and engage in tax reform, that is the proposal we've got on the table. jon: the white house today adding more pressure, warning all the uncertainty could hurt consumer confidence, adding yet another dragon an ailing economy. several high profile senators making it clear on the sunday talk shows that taxes remain a key issue. >> i'm willing to generate revenue it's fair to ask my party to put revenue on the table. we are below historic averages. i will not raise tax rates to do it. i will cap deductions. >> i would be very much opposed to raising tax rates. i do believe we could close

loopholes. >> they have to go up either real tax rates or effective tax rates. second we have to close significant loopholes. jon: bret baier is the anchor of special report. maybe we can get an explanation from you. the republicans are talking about raising revenue but not raising tax rates. how do they do that? >> reporter: basically they close tax loopholes, they put a cap on deductions. in other words for high income earners let's say the cap was $50,000 you would take in deductions, they don't specify what specific deductions it would be but that is the cap of tax deductions you could take and there by after that point you don't get any more deductions, so the amount of taxes you pay goes up. now this is not new, jon, this is what really mitt romney and paul ryan were running on, as they talked about it they got hammered again and again for not being specific on what tax deductions and loopholes were going to close.

but this was the line for the republican standard bearer, the candidate. so when you hear these senators and congressmen talking about that and not raising tax rates, it's not a new position, it's not a backing down on some stance, it's really what the stance was. i think we are at the beginning part, the ten-yard line if you will of this whole fiscal cliff negotiation with a lot to go. jon: what are you hearing about which side is willing to bulge? this president just won re-election, pretty convincingly, promising to raise tax rates on the wealthist americans. republicans lost seats in the u.s. senate, what is the motivation for democrats to blink here? >> reporter: it's a tough position negotiating wise for republicans to be in, but the key point is that you're starting to hear things there republicans that they are willing to talk and begin to negotiate at the table. they are not in a great position for that negotiation, but the key question is whether

president obama is going too take this moment to get democrats to the table on entitlement reform, medicaid, immediate toda medicare, social security and whether any of that can be specific on the democratic side. while you're hearing all of this backing off of the tax pledge, in other words, willing to close these loopholes and cap deductions, you're not hearing on the democratic side specific changes to these entitlement programs which both sides will agree are the major drivers of the deficit and debt. listen, if you raise taxes as the administration wants to do now, you don't, in other words, extend the bush-era tax cuts, you raise $824 billion over ten years. now the u.s. government is funded, it takes $1.3 billion a day to fund the u.s. government. so you divide all of that, do the math, carry the knot and basically you qui get about 65

days of funding of the u.s. government just on the taxes. it doesn't get you too far on the big picture. jon: i've heard some democrats saying maybe it won't be such a bad thing to let the country go over the fiscal cliff at lowe's for a short period of time. >> reporter: that is one negotiation ploy, i think you're hearing that as well, you know, if you go past that deadline, then the new congress could come back and retroactively essentially give them -- everyone a tax cut, so those new congressmen and women, and senators will be able to say that they had a tax cut. it's all semantics here. the bottom line is what the president will bring, what house speaker john boehner will be and the closed-door negotiations which we will get a sense of but probably not the back and forth. jon: 36 days left to get the deal done, most of those days in december when not a lot usually happens in washington. it will be interesting .

thanks for watching it for us brett. you can catch brett every we can night 6pm eastern bret baier anchors special report. jenna: a new report that iran is sending weapons and supplies to help the regime in syria. iraq is allowing iran to fly the convoys through the air space. leland vittert joins us live in jerusalem. how is this working? >> reporter: essentially what is going on here, general ace the iranians want some way to get weapons, ammunition and men over to the syrian regime. they can't fly north through turkey, they are flying through iraq that is despite the u.s. asking iraq to close down air space to these kinds of flights. this is video that's been confirmed to fox news by western intelligence sources showing iranian revolutionary guard troops getting off of cargo troops that view via iraqi air space inside syria to join the fight. it's no secret that iran is

trying very hard to help president bashar al-assad. it's most interesting how they are getting increasingly sneaky about how they are getting him his weapons and ammunition and those kinds of things. the issue here is that over the past couple of months the u.s. put a lot of pressure on iraq to shut the flights down. what they are doing now is the flights go over iraqi air space but inspected on the way back, so therefore when the iraqis inspect the flights they say to the u.s. reinspected the flights, they say to the iranians there is nothing on them so the flights can keep going back home to iran. we've learned the flights have picked up increasingly frequently over the past couple of weeks because the world has focused its attention on the gaza strip and the conflict there, syria has gone by the wayside and we're told that iran used that type to send multiple flights, hundreds of tons of cargo, including ammunition, men, weapons, those kinds of things into syria. iran is using this to try and continue their sphere of

influence all around the region, keep syria in play therefore they can keep their weapons flowing to hezbollah. here in israel they are very concerned about this. as you look at the map right now iran also is getting weapons request from hamas and islamic jihad down there in the gaza strip to replenish its weapons supply and therefore send weapons down south through the suez canal right where you have sudan, up through khartoum and then into the gaza strip. right now the israelis are trying to track that. the israelis before had hit convoys of iranian weapons headed towards the gaza strip with air strikes. whether they do that again is yet to be seen. so far iran has been able to resupply the syrian regime pret pretty much with no consequences. jenna: what is the possibility of consequences now that there is a record and your exclusive reporting of what is going on. >> reporter: the last time we aired a report about this we are told that the united states called the iraqis and put a huge

amount of pressure on them to stop these flights. but now that the flights have started again, it's unclear if the u.s. pressure is going to work. the iraqis say we are inspecting these planes, the problem is they are inch sprebtin inspecting them as they fly empty from syria to iran rather than when they fly to syria with weapons on board. whether the iraqis kowtow to the pressure, we don't know. now they are kowtowing to the iranian -pbs more thas more than the u.s. to stop the operations. jon: the white house putting a damper on a great weekend for retailers. thanksgiving shopping is up 9.2% from last year. the white house economists using this cyber monday to warn that a sudden tax hike for the middle class would result in a $200 billion reduction in consumer spending next year. those remarks are ri rippling

through wall street. the dow is down almost 87 points, not been a good day on the dow thus far back under 13,000. jenna: right now retailers are hoping to lure holiday hoppers to their web sites this cyber monday with the promise of deep discounts. it's been a pretty good thanksgiving weekend for retailers. sales for turkey day weekend up 13% for more than $59 billion. online sales topped a billion dollars for the first time ever. we did a lot of shopping this holiday weekend. the national retail federation says more than one hundred million americans will shop online today, that is about a third of the country. while much of what we buy online this holiday season will be tax-free that could soon change. maybe some more motivation if you need it today. chief washington correspondent james rosen is live with more on this. >> reporter: we are all motivated by you, jenna, rest assured. this debate is driven as much by practical facts on the ground and in cyberspace than by morality and ideology. let's face it we'll all done it. we go wandering through a store

in a mall or some other brick and mortar location checking out the inventory, pricing stuff, sizing things up, maybe even trying things on and then you leave or go home and go straight to your mobile device and purchase the desired items online where retailers aren't required to collect state sales taxes regardless of where the items are bought or shipped. it's a real concern for physical retailers as online shopping has surged over the last decade. it's a sensitive subject with governors and state lawmakers who see online retailers benefitting from but not contributing to the schools, roads, bridges and other infrastructure that the rest of us charge and pay taxes to keep up. >> the national retail federation has been lobbying on the sales tax issue for over a decade. as the internet becomes more mainstream and consumers feel comfortable feeling both online and in stores we feel that it's only fair for businesses in this country to operate by the same set of rules. it's not one picking favorites, one versus another.

>> reporter: institutions with two names unnecessarily jammed into one like comscore and shopper track report that online sales this black friday are up big time over last year, as jenna mentioned online sales for the day of black friday topped $1 billion for the first time, that market increased more than 20% over 2011 and physical retailers saw their foot traffic decline by nor lee 2%. those kinds of numbers might finally drive this issue forward in the law books. the national governor's association and the national conference of state legislatures both say e fairness is one of their top legislative priorities. jenna: are you done with your holiday shopping, just because you had all this research to do on your reporting, james. >> reporter: i'm still behind. i have my brother-in-law and father-in-law to go too so -- jenna: maybe they should let jon and i know, any hints, maybe, we'll let you do any research. >> reporter: he's a rolling

stones fan, but all right. jon: james is in beatles fan, we know that. as hillary clinton winds down her ten years as secretary of state her handling of the deadly terror attack on our consulate in libya is under investigation. how many reporters are really look into it? has the main-stream media given her a free pass? our news watch panel weighs in. china announces a major military milestone. beijing says it has landed a jet on its air kraft carrier. folks on the jersey shore are coping with heart-breaking destruction still. rick leventhal live in point pleasant beach. >> reporter: jon the southern end of the boardwalk still in taters and many of the ocean-front businesses haven't even begun the process of demolishing and rebuilding. we'll show you how far point pleasant as come and how far it still needs to go, coming up

right after this. oh, let me guess --ou see this? more washington gridlock. no, it's worse -- look, our taxes are about to go up. not the taxes on our dividends though, right? that's a big part of our retirement. oh, no, it's dividends, too. the rate on our dividends would more than double.

but we depend on our dividends to help pay our bills. we worked hard to save. well, the president and congress have got to work together to stop this dividend tax hike. before it's too late.

jon: one month after super storm sandy hit the east coast one of the hardest hit areas the jersey shore community of point pleasant beach. as you can see destruction there is massive. our rick leventhal rhode out the storm there and filed some heart-breaking reports in the aftermath. >> we have just now in the last hour seen a front end loader come down ocean avenue and clear a path. they are trying to make room for emergency vehicles to be able to get from the bridge into town and down this road. jon: well, rick leventhal is back in point pleasant beach today, he has the latest on recovery efforts still ongoing there, rick. >> reporter: it's pretty remarkable just how far this town still has to go. you can see the boardwalk behind me that was torn up four weeks ago today, still torn up on the southern end of point pleasant beach, as are many of the businesses. this ocean-front hotel and restaurant at the white sands is shredded.

they have not even begun to repair it. they are going through the ground floors of this hotel to try and rip out all the rotten drywall and water logged stuff and start the process of replacing it. this is one of their pools, all of their pools suffered extensive damages. this pool was filled with sand when sandy came ashore and it's fil full of sand. they hope to bet this up and running by next memorial day. they have so much work to do. we saw extensive aoeurb use in baextensively damage and they have troops in bay head. you can't get into bay head unless you can prove you are a resident. there is extensive damage. a lot of the homes are extensively damaged or unliveable. many of the homes don't have power base it's not safe to have power. we talked to one woman whose house is actually okay, one of

the few people living here in point pleasant beachment if you look over this way you can see some of the houses that are actually on the ocean that lost pieces of their walls, they boarded them up. we have seen some residents going through the homes, and trying to still dry out possession -gss an possessions and we have seen a lot of contractors here doing work in this town. the amount of work left to be done is truly remarkable. jon: it has the feeling of a ghost down really. >> reporter: it does. the woman told us who is living here that it's very eerie. most of the houses don't have power, at night it's completely light. where at night you might have streetlights and saof the other homes with lights on, very dark and quiet. all of her neighbors have told her they do plan to rebuild. jon: keep us updated. thanks. jenna: a 3-year-old boy vanishes while playing at the park. what the f.b.i. is now doing to help. plus, a new challenge to the president's healthcare law, why the supreme court is ordering a review of one of the most

controversial parts of the law. we'll tell you about that coming up. [ male announcer ] are you on medicare?

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jon: right now the fbi is joining the search for a missing 3-year-old cleveland boy. he was last seen playing in a park sunday afternoon. patti ann browne has more from the breaking news desk. >> reporter: a frantic search is underway for that 3-year-old boy who disappeared there a park in cleveland, ohio. he was at the park in the fourth district yesterday evening with his mom and other siblings. the mom a 20-year-old said she was tending to one of other kids and when she turned around he was gone. his five-year-old brother told her he may have got even into a black vehicle with an unknown driver. police have not been able to verify the five-year-old's story. he is black, 30 inches tall,

about 30 pounds, last seen at a park yesterday at about 5:05pm wearing a gray north face coat, a red and black sweater. blue jeans, blue and black champion tennis shoes. this information about the story that the boy gave has not yet been verified. we do n know that the fbi and canine units have been called in. the canine units have picked up some kind of a scent, they are expanding their search radius. anyone who has information about this missing boy is urged to call (216)623-5418. jon: let's hope they find him. jenna: a potential milestone for china creating new concerns about its growing military power. china rorplted lelanding a homegrown fighter jet on its new aircraft carrier. is this a sign of new strength or maybe something else? retired major general bob scales is a fox news military analyst. gordan chang is the author of

the coming collapse of china. welcome to you both. general zales you're in the sure about some of the images you got about this fire jet. tell us why. >> reporter: it looks like a publicity stunt. these are pictures of a touch and go of a chinese knock off of an old soviet fighter. it wabuilt for the soviets in the mid 80s. they are a long ways off from being able to conduct these sorts of operations. it's like the chinese navy trying to learn to ride a bicycle with training wheels on it. jenna: we showed our viewers a picture showing two men crouching down behind an aircraft. we did that because you mentioned that to us. what does that show us? we'll show that again to our viewers. >> again it looks like the whole thing is staged. having sailors that close to a jet exhaust on an american carrier would be absolutely against the rules. clearly what -- [laughter] >> clearly what the chinese are doing is to try and stage this

so the world will be impressed with their naval capabilities, which as far as aircraft carriers are concerned isn't there yet and probably won't be for another decade. jenna: we've talked a lot about the privilege srot east that the president wants to put in place when it comes to foreign policy. when you hear stories like this and general scales reaction what are your thoughts? >> i'm concerned, it's not so much their capabilities today but china is trying to intimidate its neighbors and we know that they've been using forceful tactics to take the territories of other nations, like the japanese, the south koreans, five nations surrounding the south china sea. they want twaoeu are taiwan. they are trying to deny the united states the rights to patrol international air and water space. i don't know how else to say this. china is a threat. jenna: they are building up their military, we are confronting sequestration, defense cuts when you look at the priorities around the world where do you place this? >> clearly it's not china we are not going to fight china the

serious threat to our nation is still the middle east and south asia as we've seen in recent events and the big question in washington right now is how big of a presence or how big of a footprint are we going to leave in places like afghanistan? that seems to be the most serious question of the day, jenna. jenna: let's talk a little bit about that gordan. one of the thins we do see is china and it's private businesses, not necessarily private businesses going into afghanistan, setting up big mining companies and capabilities there. they of course were tphoeupbt solved in the war like we have been but it looks like they are making moves inside that country. what should we know about that? >> you know, china has always tried to use its economic might to try to tam and it has a common though sort border with afghanistan. china has always had real ambitions in the middle east. it's got a very strong relationship with iran, it's been proliferating nuclear weapons technology to iran and supporting north korean

proliferation efforts. this will be a concern whether it's the south china sea or iran china is a factor. jenna: it brings up the question of what our role is in afghanistan. do we leave 10,000 troops as been reported that is the number thrown out there. do we leave that? our own companies, our own banks and financial institutions are sort of making moves in afghanistan as well. does that mean that we keep other countries out of there based on the fact that we've been there for the last decade? what do we do. >> it's not so much about the numbers as it is about the strategy. i think you hit on it pretty well. what does the administration want to do in afghanistan, do they want a lightfoot print with only the ability to do night raids and predator strikes out of afghanistan, if we do that numbers about 10,000. do they want to continue to support and train and assist the afghan military in the years ahead say beyond 2014, that requires boots on the ground as you know and that number ratchets up u.s. presence after 2013, 2014 to something in the realm of 25 to 30,000.

for this administration those are big numbers. so the question is over the next year or so what is our strategy going to be and what is the number that is going to go with that strategy, jenna. jenna: based on your viewpoint gordan as you take a closer look at north korea and china and you mentioned the small border that china shares with afghanistan, what do you think would be wise for our country in the next several years about how many troops we do leave in afghanistan. >> i think we need to leave more than the administration wants, as we pull back the taliban will move in, and i don't think that it's a good idea to allow the taliban to run that country again, because we saw what happened in 2001 when they were able to control kabul. we do not want to give them that sanctuary. i know that it's politically unpopular to stay but sometimes you have to do it because of your vital security interests. jenna: general scales and gordon chang nice to have you both today. we look forward to having you back. >> thank you,. >> thank you, jenna. jon: earlier we were telling but cyber monday and all the great

deals you can find online today and in the days ahead. some of those good bargains are too good to be true. an international crackdown finding instead of the real deal you could end up buying counterfeit goods. plus, how the news media are covering secretary of state hillary clinton. did she get a pass after the deadly terror attack in libya? >> well, i'm responsible for the state department for the more than 60,000 people around the world. the decisions about security assets are made by security professionals.

jenna: the u.s. supreme court today ordered a new review of the constitutionality of a controversial part of the new health care law. liberty university is challenging the law's insurance mandate. liz macdonald is with the fox business network with more on this. so, liz, what specifically is at issue now? >> reporter: good to be with you, jenna. this is breaking right now. what is specifically at issue is liberty university which is a christian college as well as a number of other groups have been challenging the insurance mandate for individuals and employers. now the supreme court is remanding the case back to the fourth circuit court of appeals and basically what's happening is, liberty about university is challenging the law under several constitutional gunds. they're challenging under freedom of religion, freedom of speech, free association, equal protection. there also seems to be an indication that provisions

against captation taxes. when the supreme court upheld the health reform act in june did it under congress's taxing powers. now the u.s. supreme court is saying it will allow the case to be remanded back to the fourth circuit court of appeals, jenna. jenna: any timeline on this that we know of? >> reporter: this case could possibly be heard by early next spring and boeing forward this case will likely be played out in ensuing months. so it is a battle that is being rejoined today at the, by the basically by liberty university winning remanding of this case back to the fourth circuit court of appeals. back to you, jenna. jenna: we know most of the health care law is being put into effect over next couple years over to 2014. all the more reason to watch. liz, thank you. >> reporter: sure. jon: she has been first lady of arkansas, first lady of the u.s., a u.s. senator and secretary of state hillary clinton. hillary clinton has generally received high marks from the news media

including a glowing profile in "washington post" that hardly mentions the deadly terror attack in benghazi. quote, despite lingering questions about benghazi clinton is more beloved than any point in her long and controversial career, a vast fund-raising machine and supporters who gush more than ever she should run for president again. let's talk about it with jim pinkerton, contributing editor and writer for the "american conservative" magazine. alan colmes is the host of the "alan colmes radio show". his new book is, thank the liberals for saving america. jim, i'm sure you agree that is exactly what is clear as according to "the washington post"? >> jon, there are so many slavering things in "the washington post" profile. you left out this could be the most iconic figure in, one of the most iconic figures in american history. i think that is sort of shows the tone of this piece

which, as you said, does mention benghazi but doesn't mention such interesting questions, why, for example, hillary clinton as opposed to susan rice was unable available to be on the shows all those sunday talking points we know now have been to be so erroneous. that didn't get mention the at all. jon: we replayed the tape from the october 16th which said i'm responsible for what happens in my department. if that is the case why wasn't she on the sunday shows? >> i don't know why she wasn't on the sunday shows but there is no issue about benghazi. there is no cover-up. this is purely invention by conservative media and conservatives who wanted romney to inwith the election. there has been, timeline we find out we have senators who were against susan rice, now backing off their criticism of hers. it is, it is something that conservatives trying to promote where there is no there there. what exactly is the cover-up? jon: would you be willing to pick up the phone, alan and call ambassador stevens

family and say i'm sorry about his death but really -- >> you want to blame hillary clinton or barack obama about a death they couldn't prevent? should woe blame george w. bush every death that took place at embassy after the 9/11 attack. there is double-standard here what has gone on in the obama administration. jon: is there a double-standard, jim? >> let's go back to this. there is no doubt that the talking points susan rice enunciated wrong. there is no question. >> there is a question. >> how the al qaeda references were eliminated. was it james clapper? was it the justice department? was it somebody else. that we don't know the answer to and maybe the confirmation hearings for susan rice will reveal that. however, i think what's striking about this "washington post" piece, and again, it is online by stephanie mccrummon anybody can read it, how obvious it

is they are setting her to run for president in 2016. as soon as she leaves the state dipt which will be probably next, a little while, articles like this will be seen, part of a fund-raising pitch. hillary is your obvious choice, democrats to run for president. look at all the puffy praise. every bad thing that happened in the obama administration foreign policy not saying all bad but this article now wipes all those away. she is beloved. everybody loves her. she spent 30 years in public service which i don't quite understand how they got the math on that. nonetheless they're saying it that way. and i think it's reminder what we have to look forward to in the next four years. >> this is personality profile about hillary clinton. it is not a promotion for her to run for president. it is one article in one publication. what you put up on the screen the wording i don't know what was said there that was not true. i mean she has been celebrated by many as secretary of state and good

job she has done the administration was reelected because of good job they did by the american people. that reflects that. you tell me exactly what was inaccurate in that article because it wasn't a hit piece. it didn't criticize her about benghazi? therefore is it is promotion for her. >> one of the most iconic figures. >> she is iconic? >> pardon? >> she is. well she is. >> roosevelt and whoever? >> comparing her to roosevelt in the article but she is most -- >> most iconic. alan, that is some serious puffery there. jon: it titled her, secretary of a thousand things. alan, you don't think that is's, you know, puffery and promoting her? >> i don't know who wrote the title of the article but you know, it was a personality piece. now let's start attacking hillary clinton all of sudden because in four years she might run for president. so let the conservative attacks begin right now

against hillary clinton. i mean there is article in "politico" today how newt gingrich might run begin. is that a puff piece because it says i might run in four years? come on. >> it is not a puff piece if they bring up all the dumb things gingrich said. >> didn't bring up anything negative. >> this article doesn't mention any errors that hillary clinton might have made. >> only conservatives would be happy if they do a litany of every mistake they made as opposed to personality profile. i don't know what would make news busters, a right-wing anti-liberal website or make conservatives happy unless every negative thing happened is listed. only it then would conservatives would be happy about a piece of press for hillary clinton. jon: "washington post" over the weekend had a gloiing review of democratic senator patty murray of washington state saying one of the reasons she has done well in the senate because she doesn't say intemperate things. she is very responsible. one of the web sites reminded us of this comment

from her from, i'm sorry from 2002 when she was heaping some praise on usama bin laden saying why are people so supportive of him in many countries? he has been in many countries that are riddled, i has been in many countries riddled with poverty. he has been out in these countries building roads, building schools, building infrastructure, building day care facility and the people are extremely grateful. >> i read that today. context of that is not heaping praise on usama bin laden. the that is not what she was doing. she was pointing out if we want to win the hearts and minds of people in the muslim world, these are the kinds of things that do that as opposed to war. she was not supporting usama bin laden. she was not heaping praise on him. she was pointing out, kinds of activities that would likely help us win hearts and minds. that is what she was talking about. >> i don't think that is right, alan. she certainly said the u.s. needs to do more on foreign

aid which i think actually we spend a lot of money on foreign aid including in arab and muslim countries. i thought very specifically that she was saying many people regard bin laden as a hero. >> she doesn't believe it. yes. >> i don't think she is a fan of bin laden and shy has been reelected twice in washington state. the issue not is bin laden lover. the issue simply is media bias, a quote that would haunt newt gingrich don't similarly haunt a patty murray. >> she said it 10 years ago. as you pointed out she wasn't promoting begin bin bin laden. this is how we should do things in the united states to be better liked in the muslim world. jon: the question is, alan, do the media give equal treatment to republicans and democrats over those kinds of comments? >> yes. jon: we'll see. thank you both. alan and jim. good to see you. >> thank you. jenna: millions are shopping online today, cyber monday as it is for deals on

holiday gifts but no every site is safe and there is a crackdown underway. we'll have a report just ahead. a late thanksgiving present for two men that are out of this world, literally. how does that look, huh? we'll explain next. ♪ . [ male announcer ] if you're eligible for medicare...

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jenna: right now as millions of holiday shoppers hit the internet for cyber monday deals the feds and european police announcing are a major sting operation involving web sites suspected of illegally selling counterfeit merchandise to unsuspecting customers. national correspondent steve centanni live in washington with more on this. steve, how exactly are they going after these counterfeiters? >> reporter: they're targeting web sites of so-called online predators who sell knockoffs of main merchandise and die sieve shoppers as part of their holiday shopping. it is an international effort between u.s. officials and euro pol in

europe. dot eu and dot uk were targeted in a coordinated action and 132 different web sites were shut down on both continents. nike, louis vuitton, oakley sun wear among the bootleg items. some could affect health and safety including bootleg pharmaceuticals and baby seats. the head of customs enforcement in the u.s. talked with fox news. >> we want to make sure when people go online and buy legitimate nike set of shoes or nfl jersey they're getting the real thing. in many instances people who buy from the counterfeiters either won't get item at all, or when they do get it they realize it is shoddy and not what they paid for. good luck trying to go back to a counterfeiter for customer service. >> reporter: he says this is a global problem. that is why it is being attacked in the coordinated international way. jenna. jenna: sometimes people want

the counterfeit items, that's what they're looking for the knockoffs. many people don't. they think they're buying authentic product. >> reporter: they're being deceived. jenna: how do you know if you are being deceived? how do you look for this fraud? >> reporter: basic advice from immigration customs enforcement do your website. web sites look-alike the fake and real one. here are a few specific tips today. know your seller. do all the homework you can, all the research you can. know the hardware and stitching your product, how it is put together. if the price seems to good to be true well it probably is. be careful what information you given line too. everybody suffers from the phone my commerce. jobs are lost. profits are stolen and consumers are cheated, jenna. jenna: i will quiz you and jon about the stitching, appropriate stitching on goo achy bags later on today, steve. good tips for us. good tips, steve. >> reporter: you bet. jenna: thank you. jon: i will lose that one for sure.

hallly berry's custody battle gets ugly after a brawl between her ex-and the her fiance. what the action the oscar-winning actress is taking now [ female announcer ] the humana walmart-preferred rx plan p-d-p gives you a low national plan premium... so you can focus on what really matters. call humana at 1-800-808-4003.

jenna: right now halle berry is headed to court following a thanksgiving fight between her ex-boyfriend and her fiance. patti ann browne has more from our newsroom. >> reporter: that's right, jenna. hadly barry got an emergency restraining order against her ex-boyfriend over the weekend this after a fight between the ex, gabriel aubry and her current fiance. it requires him to say away from berry, their 4-year-old daughter and according to "tmz". this week the 46-year-old actress will appear in court to ask the order to be extended. berry and aubry are in a

bitter custody. berry wants to move with her to france. her fiance is french. but a judge recently denied that request. on thanksgiving day, 37-year-old aubry was dropping off her at the hoist in hollywood hills. martinez came out of the house and said something to needing to move on. he punched martinez in the shoulder. martinez hit back. police were called. aubry was taken to the hospital and sent to jail. he was charged with misdemeanor battery. "tmz" is shocked by her ex's violence in front much her own daughter and hens the retraining order. jenna: patti ann, thank you. jon: two veteran san diego police detectives rolling out a new nationwide service aimed at keeping teen drivers safe. for 99 bucks an off-duty or retired police officer will tail your teen for 15 or 20 minutes and write up a full report. a few of key issues for worried parents, texting or talking on a cell phone while driving.

speeding and wearing a seatbelt. the service targets elderly and commercial drivers. adam housley live in who is los angeles with that. adam? >> reporter: the idea is to provide safety for your teen and potentially for your elderly parent. we'll get to that in a moment. you talk about the con september. $99. 20 minutes, they're followed. the teens are told that at some point they will be followed but never know when. promotes safety over a longer period of time. key issue looking for how fast the kids are driving f they're texting, talking on a cell phone. if they're wearing a seatbelt. we went along for one of the surveillance rides in san diego. the young lady we followed did a fantastic job as we followed her around. her dad was glad to see that and hear about it. even though down the line even though she did so well owe may do it again. >> you have nothing to lose, if you get a good report it is peace of mind. if you get a bad report maybe you head off a potential problem for you and other people. so it is for less than 100

bucks i think it is a win-win. >> reporter: so why do this? the numbers are staggering. motor vehicle crashes are the leading cause of death for teens in the u.s., accounting for 36% of all teen deaths. overhalf of all teen passenger deaths occur where another teen is driving. they have the lowest seatbelt use of all drivers. 90% of the teens admit to doing multiple tasks on the road, talking on the phone, channel surfing or goofing around with friends. >> now more teens are killed in car crashes because not just their limited skillset but because of the distractions on the cell phone, texting and then having other kids in the car. >> the number one way teens are dying in the u.s. is in isn't drugs or gang violence. it is dying on the roadways. there is need for it for sure. >> reporter: and that need may not just be for teens. as you mentioned, jon, there is now a move to have parents do this for their elderly parents, so the grandparents may be followed around to see how they're

driving. all the idea to continue to have more safety on the roadways in california and for that matter across the country. jon: adam housley with a brand new baby at home, congratulations. >> reporter: thanks, jon. jon: thank you. we'll be right back.

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